High court ruling puts end to Julius Kudrynski's council fight

KATE WALSH and KATE McILWAIN23 May 2014, 7:23 p.m.

Eccentric West Wollongong resident Julius Kudrynski's long-running legal battle has been dismissed by the Australian High Court, prompting him to chain himself to Wollongong City Council headquarters on Friday.

End of the line: Julius Kudrynski, who has chained himself to the flagpole outside the Wollongong City Council building, with his wife, Alicia. Picture: ROBERT PEET

Eccentric West Wollongong resident Julius Kudrynski's long-running legal battle has been dismissed by the Australian High Court, prompting him to chain himself to Wollongong City Council headquarters on Friday.

The one-time lord mayor hopeful said he "had reached the end of the line" in his fight against the council, so had set up camp near a flagpole in front of the building.

Armed with a red and green sign emblazoned with the words "when is approved not approved?" and a pile of documents detailing his gripes, Mr Kudrynski chatted to passers-by, keen to know what was going on.

Just before 10am, he unlocked the chain and moved inside the building's foyer, reattaching his shackles to a pole.

As far back as 1994, Mr Kudrynski was told by the council to address concerns over structures at his Highway Avenue home.

In 2012, he appeared in the Land and Environment Court to face claims at least five structures - including a carport, cubby house and shed - were erected without permission and were "unsightly, structurally inadequate and unsafe".

He was also ordered to remove rubbish - including 15 mowers, 12 chainsaws and 200 fan belts - from the property.

He claims to have approval for the structures but, according to court documents, failed to produce adequate documentation.

The court ruled against Mr Kudrynski and his wife, Alicia, last year, and the NSW Court of Appeal dismissed their case in December, stating they had not established that any of their grounds of appeal had merit.

In a move echoing the famous Australian film The Castle, Mr Kudrynski took his battle to the High Court in Canberra.

But in a less-happy ending, the High Court dismissed his application last Tuesday.

"The fact the courts above agreed with it shows kangaroo courts aren't just well and alive in Egypt and other countries, they are well and alive here in Wollongong," Mr Kudrynski said.

"The High Court dismissed it on some lame and unbelievable technicalities."

He said he had been ordered to pay just over $35,000 in costs.

"We've been given our costs and we've come to the end of the line. Once you get a High Court ruling against you, that's the end of the line.

"[I'm here] just to point out to other people the dangers they're exposed to. Approval doesn't mean approval. You can't sleep at night-time thinking everything's OK."

A council spokesman said the council had been awarded costs and Mr Kudrynski was required to clear the property and remove the unauthorised structures.